High Court Orders Resumption of 26/11 Mastermind Abu Jundal's Trial After Seven Years

Nearly seven years after it came to a standstill, the trial against Zabiuddin Ansari alias Abu Jundal — one of the key accused in the 26/11 Mumbai terror attacks — will now resume. The Bombay High Court on Monday overturned a 2018 trial court order that had directed officials to hand over confidential documents to the accused. The court’s decision marks a crucial step in reviving one of the country’s most significant terror-related trials.

HC Quashes Trial Court Order

A division bench headed by Justice R.N. Laddha accepted petitions filed by the Delhi Police, the Ministry of Civil Aviation, and the Ministry of External Affairs, challenging the earlier directive issued by the trial court. In 2018, the trial court had ordered officials to provide Abu Jundal with certain classified documents he had requested to support his defense.

The High Court found the trial court’s order inconsistent with legal provisions concerning the handling of confidential government documents in national security cases. The court categorically stated that sensitive information relating to national interest cannot be disclosed to the accused in such cases.

Trial Stalled Since 2018

The trial had been stalled since 2018 after Jundal’s application for access to documents became a subject of legal dispute. The delay came despite the gravity of the case — the 26/11 Mumbai attacks, which claimed 166 lives and left hundreds injured.

Delhi Police’s Special Cell had earlier arrested Abu Jundal, identifying him as a key Lashkar-e-Taiba (LeT) operative who allegedly served as one of the handlers coordinating the attacks from Pakistan. The police claimed Jundal was apprehended near an airport in the national capital after being deported to India.

However, Jundal maintained that he was unlawfully detained in Saudi Arabia and later extradited without due process. To substantiate this claim, he approached a special Mumbai court seeking certain government documents, which the trial court initially allowed — prompting the subsequent legal challenge.

Centre’s Argument and HC’s Decision

Solicitor General Tushar Mehta, appearing for the central government, argued that the trial court’s 2018 directive was contrary to established law, as it could lead to disclosure of sensitive materials potentially affecting national security and diplomatic relations.

The High Court agreed with this contention and revoked the trial court’s order. It further directed the lower court to expedite the proceedings and resume the trial without further delay.

A Step Toward Justice in 26/11 Case

The resumption of the trial is being viewed as a significant move in ensuring justice for the victims of the 2008 Mumbai terror attacks — one of India’s darkest days. The coordinated attacks by ten heavily armed Pakistani terrorists had targeted multiple high-profile locations, including the Taj Mahal Palace Hotel, Chhatrapati Shivaji Terminus, and the Oberoi Trident.

While nine attackers were killed during the operations, Ajmal Kasab, the only terrorist captured alive, was later executed in 2012 after being convicted. Abu Jundal, allegedly responsible for training and guiding the terrorists, was arrested in 2012 and has remained in custody since then.

Next Phase of Legal Proceedings

Following the High Court’s directive, the trial is expected to restart soon in a special court under the Unlawful Activities (Prevention) Act (UAPA). Legal experts note that this development could pave the way for a final judgment in a case that has been pending for over a decade and a half.

The High Court’s order reinforces the principle that while the rights of the accused must be protected, they cannot override national security concerns — especially in cases involving terrorism and cross-border threats.